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Gov & Administrative Law Questions & Answers
1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Traffic Tickets for New Jersey on
Q: I got dwi in nj on nj license. I have 3 prior in GA on GA license 14 years ago. Because of DLC, do the old ones count?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 26, 2021

Yes they could count, you would need to pay a NJ lawyer to review the statute to see how similar the statutes are to get the answer you need.

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Civil Rights for Texas on
Q: Can I do anything about DA submitting a court doc with my personal info that is public if I am under witness protection?

I am under witness protection due to being victim of aggravated assault with a deadly weapon but DA has shared the witness list which is now public information online. This is also shared with the defendants lawyer. The list shows my name & address. Is there anything I can do? I've tried... Read more »

John Cucci Jr.
John Cucci Jr. answered on Sep 23, 2021

Your situation seems terrible.

Witness protection can have different meanings and different levels of protection. The DA's office should have a "victim's advocate" or something similar. It is usually the task of that unit or person to handle your concerns. If that is not...
Read more »

1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: I was wondering what the current up to date age of consent is in the state of Ohio
Matthew Williams
Matthew Williams answered on Sep 22, 2021

The age of consent in Ohio is 16. That said, an adult who engages in a sexual relationship with a child runs a lot of other, non-sex offense legal risks like contributing to the delinquency of a minor and interference with child custody. It's best to just stick to 18 and up.

1 Answer | Asked in Civil Litigation, Contracts, Gov & Administrative Law and Landlord - Tenant for California on
Q: What to do If my old landlord violates/breach of court orderd contract from his obligations to give me good reference

I have multiple recorded violations/breach of contract from x-landlord.I obtain them from homeowners/property managers who were considering me for tendency but was turned down because of my x landlords malicious/false bad referrals which he was court ordered not to give. I'm homeless/living in... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

There's several pieces to this. First off, you mention that he was "court-ordered not to give", which would imply there's already been a case and judgment on him in regards to his recorded breaches prior to you moving out? If so, then the discussion would be on your issue... Read more »

Q: I need a lawyer to represent me in a case against the juvenile detention agency in san Diego county
Tim Akpinar
Tim Akpinar answered on Sep 20, 2021

A California attorney could advise best, but your post remains open for two weeks. You could continue to await a response here, but it could be difficult for an attorney to reply - this is only a Q & A board. Some options you could consider include looking into sites that do operate as attorney... Read more »

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: can I take the Maryland State Police to small claims court
Mark Oakley
Mark Oakley answered on Sep 16, 2021

Doubtful, but there may be a commercial contractual basis to do so if you are a vendor and the State Police failed to pay for a product or service they ordered. If you are an arrestee or suspect or other object of their policing authority, then the answer is almost certainly no. Small claims... Read more »

2 Answers | Asked in Gov & Administrative Law, Public Benefits and Social Security for California on
Q: I will be going before an Administrative Law Judge for Social Security disability benefits. Any clinics around to help?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Sep 15, 2021

There may be a local law school with a clinic for disability benefits so you could call around and ask. If you are concerned about not having money to pay a lawyer you don’t need to worry about that. You don’t pay up front and the attorney only gets paid a percentage of your back benefits if... Read more »

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1 Answer | Asked in Gov & Administrative Law and Native American Law for Michigan on
Q: Can a tribe decide to transfer a case of tribe member 2 tribal court from state court if crime was not on indian proprty

Multiple charges, drug related at a residence of a tribal member. Kids custody affected, and defendant is being treated with cruel an strange threats and absurd penalties

Brent T. Geers
Brent T. Geers answered on Sep 15, 2021

Not only can then, but if it's an abuse or neglect case, different rules apply and the tribal court would have jurisdiction.

1 Answer | Asked in Gov & Administrative Law for Washington DC on
Q: IF DEFENDANT DOES NOT FILE AN ANSWER/APPEARANCE IN A FEDERAL SUIT AFTER 30DAYS, CAN PLAINTIFF FILE FOR RULING/STATUE?

WHAT IS THE FEDERAL RULES AND PROCEDURE ON FILING FOR RULING ON DEFENDANTS FAILING TO RESPOND?

Mark Oakley
Mark Oakley answered on Sep 12, 2021

Rule 55 Motion for Default for failure to plead or answer the complaint after proper service of process. Be aware that you may succeed in having default judgment entered on issues of liability, but damages will still have to be proven. Furthermore, defaults for failure to timey file a respnsive... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Arizona on
Q: o you have the right to defend yourself from an arrest that you know is unlawful with the same force that the officer is

doing to you?

Mike Branum
Mike Branum answered on Sep 3, 2021

I wouldn't recommend it. Technically, yes, but dead right is still dead. The appropriate time to challenge the legality of an arrest is not mid-arrest.

The answer would have been markedly different in Arizona in 1871 but this is 2021. Law enforcement has Motorola. Even justified use of...
Read more »

Q: Can the law legally hold my truck and impound when it wasn't part of my charges or fines for being arrested

What I was trying to say and not so many words is I got charged with the drugs but there's no charge or fines or tickets if anything to do with the truck how can they hold it

Peter David Brown
Peter David Brown answered on Sep 2, 2021

IF the arresting agency alleges that the vehicle was used in the futherance of the "criminal enterprise" they can seize it.

(for example: you were stopped with the drugs in the vehicle)

1 Answer | Asked in Gov & Administrative Law for Michigan on
Q: Is the side note for speedy trial rights that charges being filed within 30 days of arrest differ by state ?
Brent T. Geers
Brent T. Geers answered on Aug 21, 2021

Not sure of the exact nature of your question. Speedy trial rights are different than the timeline between arrest and charges. And it is true that you cannot be held for very long without any charges.

It is not uncommon - especially in serious crimes - for someone to be arrested or...
Read more »

2 Answers | Asked in Election Law and Gov & Administrative Law for Alabama on
Q: Can a sheriff in an active election campaign threaten to fire his deputies if seen talking to any of his opponents?

This sheriff threatened to fire anyone seen talking to a particular individual that contributed to his opponents campaign also. The same sheriff in last election threatened to terminate anyone that he found that didn't vote for him? Are these things election violations? I was told possibly... Read more »

Kevin M Rogers
Kevin M Rogers answered on Aug 10, 2021

Please understand that I do not practice law in GA and will not pretend to know Georgia law or specific Georgia election statutes. However, the question I would pose is: is Georgia a "right to work" state? Another question might be: does Georgia law prohibiting harassment apply to... Read more »

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1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Texas on
Q: What can be done about a city ordinance that is in violation of the state constitution and federal law?

If enforcement of ordinance would directly violate 1st Amendment

Tim Akpinar
Tim Akpinar answered on Aug 7, 2021

A Texas attorney could advise best, but your post remains open for two weeks. Ordinances could be challenged on constitutional grounds in the course of their development, while in committees or floor debates. Ordinances are also sometimes challenged in the course of actual cases that challenge... Read more »

1 Answer | Asked in Adoption, Civil Rights and Gov & Administrative Law for Hawaii on
Q: For married co-plaintiffs, can he proceed pro se to represent himself while she hires an attorney to represent herself?

We are both suing the Hawaii Department of Human Services and some of its employees in federal court. He wants to give opening and closing statements and cross examinations but she wants an attorney to do it. We also both have differing litigation strategies. Can we have the best of both worlds and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 4, 2021

I suggest you delete your case reference.

The individuals should both use an attorney, but if for some reason that is not possible, Federal Courts allow pro se appearances. You may, if applicable, want to fill out the forms to proceed in forma pauperis, which waives most fees.

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: In a habeas petition concerning a controversy whereby government officials are falsifying their records which rely upon

State records which clearly don't support the action and the district court dismissed the case absent procedural due process is the case live or dead for purposes of completion? This action has caused and continues to cause concrete harm and damages for which redress is required.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 31, 2021

If the court dismissed the case, and if the time for appeal is over, the case would be over. Why?

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Florida on
Q: Does the state of Florida require the property owners consent to only send billing/invoices by email?
Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 30, 2021

If you referring to a HOA or condominium (COA) sending you an invoice for assessments, the answer is no, you may consent in writing to notices and invoices being sent by email, but you do not have to consent. New laws went into effect July 1, 2021 which now require associations to send a 30-day... Read more »

Q: I Want to Open Hydrogen Station, I wanted to Know about its Legal Formalities etc. In USA
Tim Akpinar
Tim Akpinar answered on Jul 28, 2021

A California attorney could advise best, but your post remains open for four weeks. It could be difficult for any attorney to meaningfully advise on the formalities you ask about in the brief format of this forum. There are many things to consider, whether from an intellectual property standpoint... Read more »

Q: Do i need to have someone look into a lawsuit i had then was dropped due to lawsuit open in different state i ever lived
Tim Akpinar
Tim Akpinar answered on Jul 25, 2021

A Kentucky attorney could advise best, but your post remains open for a week. That's up to you and your decision, but what you are describing seems to be not just a change of venue, but state (where it's possible elements of both states' rules of civil procedure could apply - only... Read more »

1 Answer | Asked in Civil Rights, Federal Crimes and Gov & Administrative Law for Tennessee on
Q: Can I carry a concealed weapon in the state of Alabama if I have a lifetime carry permit issued in Tennessee?

I am a Tennessee resident.

Anthony M. Avery
Anthony M. Avery answered on Jul 22, 2021

You should be able to as reciprocity should apply. Go to the AL forum and ask as laws do change. Remember there may be different restrictions than TN.

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